Articles from East Texas attorney :: Blake Bailey Law work

BALANCE OF POWERS  One of the magic constructs of our American system is its balance of powers.  Each branch of government has an independent function that necessarily oversees the conduct of the other. Additionally, the American voter has the ability to oust political officials and the press to independently investigate. The governmental rules of conduct—especially in time of war—are different for non-citizens.  However, even in time of war, American citizens still must enjoy the rights provided by our constitution and the balance of powers that protects those rights. One of those constitutional rights is privacy. Tapping into phone and email of citizens is a violation of our right of privacy that can be justified if it is done in legitimate exercise of police power. The check of this power is judicial review.  This function has worked well when law enforcement wants to overhear communication of a criminal suspect.  A law was passed during the Carter administration that created a secrete court to review tapping of phone and computers of American citizens who are suspected terrorists. This provided maximum secrecy for terrorist investigations.  Anticipating problems if a tap is needed immediately to protect national security, the law provided for a 72 hour post-review by this secret court, if necessary.  To lose this judicial check and balance is to lose the constitutional protection we each enjoy as to our privacy. This isn’t just an academic issue. The administration could use taps in a Nixonian way to spy on political enemies—real or imagined.  The intelligence used by the administration to justify a tap might well be flawed and in need of an independent review. After all, Bush has us in a war based on flawed intelligence. Al-Masri, a German citizen, was thrown into the CIA's "rendition" program for terror suspects, beaten and held in a cell for four months, the last two while U.S. officials debated how to handle his release after discovering he was the person he said he was.  The list goes on. It is not good enough to say that only terrorist suspects are being tapped. There is no downside to honoring the law of the land that protects the balance of power necessary for our freedoms. When we fight oppression and evil dictators we must always be vigilant that we don’t justify becoming like the very enemy we resist. Blake Bailey 112 S Broadway Tyler Tx <a href="mailto:blake@bailey-law.com">blake@bailey-law.com</a>